Exoneree Compensation Fund
As of July 1, 2021, the Exoneree Compensation Fund is available to pay individuals who have been wrongfully convicted of felony crimes and have been exonerated by the courts.
Eligibility:
- Cannot currently be serving a prison sentence.
- Convicted and imprisoned for at least six months in a correctional institution one or more felony crimes that one did not commit or act as accomplice.
Process:
- Claimant brings civil action against the state in the district court in which the conviction originated.
If the court finds that the claimant is entitled to judgement:
- Associated convictions and arrest records are expunged.
- Damages are awarded per House Bill 92.
The 67th Montana Legislature established this fund by the passing of House Bill 92. The Risk Management & Tort Defense Division administers an Exoneree Compensation Fund and pays claims from a state special revenue account.